High Court of Zambia - 2010 September

2 judgments

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2 judgments
Citation
Judgment date
September 2010
A defendant may apply at any stage to stay proceedings and refer disputes to arbitration under section 10.
Arbitration Act s10 – stay and referral to arbitration at any stage; Companies Act s21 – Articles of Association as contract; arbitrability of company disputes; prior procedural steps do not bar s10 referral; pending court action may await arbitral award (s17 consequences).
8 September 2010
Court ordered K20 million security for costs against foreign-based claimant lacking evidence of local assets.
Civil procedure – security for costs – application under Order 40 Rule 7 and Order 23 Rule 1 – factors: residence outside jurisdiction, prospects of success, bona fides, risk of stifling claim, delay, availability of assets – discretion to order security and quantum.
7 September 2010